Wednesday
May032017

SOP and technology don’t always mix: Another reminder to be cautious when serving documents under security of payment legislation

The 'pay now, argue later' security of payment ('SOP') legislation imposes short and strict deadlines for service of documents.  Ineffective service can have serious consequences on the ability to recover progress claims under the legislation.

In particular, parties to security of payment disputes need to be very careful about serving documents electronically.

In Parkview Constructions Pty Limited v Total Lifestyle Windows Pty Limited [2017] NSWSC 194, the Supreme Court of New South Wales ruled that delivery of a USB drive containing an adjudication application did not, by itself, satisfy the requirements for valid service. 

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Thursday
Apr132017

Commercial credit arrangements - don't take personal guarantees for granted

Email is an efficient way to conduct business, but is not always the best way to conclude agreements.

A decision of the District Court of South Australia highlights the importance of making sure commercial credit arrangements are properly documented. This is especially so when most documents are now exchanged by email rather than by hard copy.

In Solar Juice Pty Limited v Mintz [2017] SADC 37, Judge Soulio found that our client, the director of a company in liquidation, had not agreed to provide a personal guarantee to a former supplier of the company. Although the director had filled out and signed parts of a form entitled ‘Credit Application/Directors Guarantee’, Judge Soulio found that the email copy of the document signed by the director did not include the guarantee clause.  

As a result, the Court found that the supplier and the director had agreed credit terms for the supply of goods, but that the director had not agreed to the terms of a guarantee.

Click to read more ...

Monday
Dec122016

Promotion - Hamish Gillis

We are pleased to announce that Hamish Gillis has been promoted to the position of senior associate. 

Hamish practises in our commercial disputes group, with a focus on insolvency, finance disputes, construction and engineering, and major commercial litigation.

Please join us in congratulating Hamish on his promotion.

Monday
Oct242016

CCK welcomes John Vozzo

CCK is pleased to welcome John Vozzo to the firm. John joins us as a senior associate in our commercial dispute resolution team.

John has experience in a broad range of corporate, commercial, building and construction, and insolvency matters, and had conducted litigation in various Courts.

John was most recently the Legal Practice Director of  MBA SA Legal, a firm associated with the Master Builders Association.  In that capacity, he has dealt with many of the most prominent builders in the State.  He has an excellent understanding of what is most important to builders and contractors. 

Prior to his time at MBA SA Legal, John was seconded to a major construction joint venture in relation to the Adelaide Desalination Plant.

CCK has a strong reputation in the construction and engineering industry.  John will be an excellent addition to the team.

Thursday
Jan282016

Promotions

We are pleased to announce that Cianan Hehir and Hamish Gillis have been promoted to the position of associate. Cianan and Hamish have demonstrated excellence in their respective areas of practice.

Cianan practises in our commercial transactions group with a focus on property.

Hamish practises in our commercial disputes group, with a focus on insolvency, construction and engineering, and general commercial litigation.

We are proud of the achievements of each of Cianan and Hamish and we are sure our staff, our clients and the wider business community join us in congratulating them on their well deserved promotions.